Time limits at the employment tribunal claim

If you are thinking about bringing an employment tribunal claim because of how you have been treated at work, one of the first things to check is whether you are still in time. Employment tribunals apply strict deadlines, and a claim that is even one day late may not be heard.

This guide explains the main time limits, the important change that took effect in October 2026, and what you can do if you are close to, or past, the deadline.

The October 2026 change: six months for most claims

Under the Employment Rights Act 2025, the time limit for most employment tribunal claims was doubled from three months to six months. The new limit applies where the act or failure you are complaining about, or the last in a series of acts, happened on or after 1 October 2026. For breach of contract claims in Scotland, the longer limit applies from 9 November 2026.

If everything you are complaining about happened before 1 October 2026, the old limit of three months less one day still applies. If you are unsure which rule covers your situation, take advice quickly rather than assume you have longer.

Why time limits matter so much

Many people lose the chance to bring a claim simply because they wait too long. Tribunals can extend the deadline in some cases, but the tests are strict:

• For unfair dismissal and most other claims, time is only extended if it was not reasonably practicable to bring the claim in time, and the claim was then brought within a further reasonable period.
• For discrimination claims, the tribunal can allow a late claim if it is just and equitable to do so.

Tribunals have applied the reasonably practicable test strictly, and people have been held out of time even where they were ill for part of the period. You should never assume that an extension will be granted in your case.

Time limits for different types of claim

Unfair dismissal

The time limit runs from the effective date of termination, which is usually your last day of employment. For dismissals on or after 1 October 2026, you have six months beginning with that date, which in practice means six months less one day.

For example, if your employment ended on 1 November 2026, the deadline would normally be 30 April 2027, before taking account of Acas early conciliation. Our unfair dismissal solicitors can help you work out your exact deadline, and our article on fair reasons for dismissal explains how these claims are assessed.

Discrimination

For discrimination claims, time runs from the date of the act you are complaining about. Where there has been a continuing course of discriminatory conduct, time runs from the end of that conduct. The limit is now six months for acts on or after 1 October 2026, and it applies whether or not you are still employed.

The tribunal may extend the deadline where it is just and equitable, for example where there are good reasons for the delay and the employer has not been unfairly prejudiced. This is more flexible than the test for unfair dismissal, but it is still not something to rely on. Our employment discrimination lawyers can advise on these claims.

Constructive dismissal

If you resign because of a serious breach of contract by your employer, the time limit runs from the date your employment ends, in the same way as for unfair dismissal. Our article on compensation for constructive dismissal explains what you may be able to recover.

Personal injury

If discrimination or harassment has caused you a psychiatric injury, such as depression or anxiety, you can claim compensation for that injury as part of your discrimination claim in the employment tribunal. The same time limit as the discrimination claim applies.

Personal injury claims that are not linked to discrimination, whether physical or psychological, are dealt with by the civil courts: the sheriff court or Court of Session in Scotland, and the county court or High Court in England. The time limit is usually three years from the date of the injury, or from the date you first knew about it, subject to some limited exceptions.

Why the date of your dismissal matters

The effective date of termination can decide whether a claim is in time. If you are dismissed with notice, the notice period normally starts on the day after notice is given, unless your contract says otherwise.

In Wang v University of Keele, Dr Wang was sent a letter of dismissal by email giving three months’ notice, which he read on 3 November 2008. He lodged a tribunal claim on 2 May 2009.

The employment tribunal decided that his employment ended on 2 February 2009 and that the claim was one day late. The Employment Appeal Tribunal disagreed. It held that notice runs from the day after it is given, so his employment ended on 3 February 2009 and his claim was in time.

The Supreme Court has since confirmed, in Newcastle upon Tyne NHS Foundation Trust v Haywood, that where the contract says nothing about it, notice of dismissal takes effect when it actually comes to the employee’s attention and they have had a reasonable chance to read it.

The date can also matter for qualifying service. At present you normally need two years’ service to bring an ordinary unfair dismissal claim. From 1 January 2027, this qualifying period is being reduced to six months.

Acas early conciliation and time limits

Before you can bring most tribunal claims, you must notify Acas and go through early conciliation. Acas will try to help you and your employer reach an agreement without a hearing. Since 1 December 2025, the conciliation period can last up to 12 weeks.

Contacting Acas pauses the clock. The days between your contact with Acas and the issue of your early conciliation certificate do not count towards the time limit, and if your deadline would otherwise fall within a month of the certificate, you will have at least one month from the certificate to submit your claim. The rules are detailed, so take advice on your exact deadline.

If you are negotiating a settlement agreement after leaving or being dismissed, remember that the time limit keeps running while you talk. Contact Acas and protect your position if the deadline is getting close.

Top tips

• Note the date of the act you are complaining about, or the date your employment ended.
• Check whether the old three-month limit or the new six-month limit applies.
• Contact Acas for early conciliation in good time.
• Submit your claim well before the deadline. Do not leave it to the last day.

What if you have missed the deadline?

Get advice straight away. The tribunal may still accept a late claim if one of the extension tests applies, but you will need to explain the delay.

Depending on the type of claim, you may also be able to go to the civil courts instead. Breach of contract and personal injury claims, for example, have much longer time limits in the courts. However, some claims, including unfair dismissal and workplace discrimination, can only be brought in an employment tribunal.

Being out of time also weakens your negotiating position, because your employer will know that you cannot easily bring a claim.

If you think you may have a claim and want to check your deadline, book a free 30-minute consultation with our employment solicitors or call 0141 471 9166.